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Dennis J. Quebedeaux, on Behalf of Himself and All Other Similarly Situated Persons and Entities v. United States
112 Fed. Cl. 317
| Fed. Cl. | 2013
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Background

  • Takings suit in the U.S. Court of Federal Claims seeking just compensation for flooding of Morganza Floodway/Atchafalaya basin during 2011 flood.
  • Morganza Spillway diverts Mississippi River flood water into Atchafalaya basin; opened at 21% capacity to prevent downstream levee breaches.
  • Flooding allegedly destroyed/damaged/devalued plaintiffs’ crops, homes, and other property; asserts a permanent, ongoing taking without compensation.
  • Plaintiffs filed June 15, 2011; amended complaint October 2011; defendant moved to dismiss under RCFC 12(b)(6) (denied).
  • Court analyzes pleading standards (Twombly/Iqbal), the Sponenbarger doctrine, and whether a single flooding event can constitute a taking, guiding discovery and further proceedings.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
whether a single flood event can be a taking Flooding and permanency of impact can support a taking under multi-factor test Some authorities treat isolated floods as torts, not takings Denied; multi-factor approach governs; single flood can support a taking depending on circumstances

Key Cases Cited

  • United States v. Cress, 243 U.S. 316 (1917) (government-induced flooding may be a taking)
  • Pumpelly v. Green Bay & Miss. Canal Co., 80 U.S. 166 (1871) (flooding can destroy or impair real property)
  • Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982) (permanent invasion/occupation considerations in takings)
  • Arkansas Game & Fish Comm’n v. United States, 133 S. Ct. 511 (2012) (flooding takings case; case-specific factual inquiry; rejection of blanket bright-line rule)
  • United States v. Sponenbarger, 308 U.S. 256 (1939) (Sponenbarger doctrine requires considering whether benefits to claimant offset government liability)
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Case Details

Case Name: Dennis J. Quebedeaux, on Behalf of Himself and All Other Similarly Situated Persons and Entities v. United States
Court Name: United States Court of Federal Claims
Date Published: Aug 20, 2013
Citation: 112 Fed. Cl. 317
Docket Number: 11-389L
Court Abbreviation: Fed. Cl.